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State Board of Human Services Amends Rules Regarding Background Checks

July 18, 2011 by Leave a Comment

The Colorado State Board of Human Services has amended the rules regarding background checks.

HB 11-1102, effective March 18, 2011, creates portability of fingerprint-based criminal history records checks for employees of separately licensed child care facilities owned by a single parent entity. Revised rules are seen as necessary to allow licensed providers to locate all requirements related to background checks within the general rules affecting child care licensing. These proposed rules additionally contain a method and time allotted for a parent entity to provide records related to fingerprint-based criminal background checks.

HB 11-1145, effective August 10, 2011, created an additional requirement of a Federal Bureau of Investigation fingerprint-based criminal background check and associated fee for employees of licensed child care facilities hired on or after August 10, 2011. This revised rule is seen as necessary to allow licensed providers to locate all requirements related to background checks within the general child care licensing rules.

A hearing on the amended rules will be held on Friday, September 9, 2011 at the Colorado State Veterans Home at Fitzsimons, 1919 Quentin Street, Aurora, Colorado 80045, beginning at 10:00 am.

Full text of the proposed changes and edits to the rules can be found here. Further information about the rules and hearing can be found here.

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Department of Labor and Employment Amends Workers’ Compensation Rules of Procedure

July 18, 2011 by Leave a Comment

The Department of Labor and Employment has amended Rules 16 and 18 of the Workers’ Compensation Rules of Procedure. These proposed amendments identify and clarify procedures and requirements, update and clarify language, fees, forms, and payments contained within the rules.  The revised rules will also update policy and reflect statutory changes.

The rules address the following subjects:

  • Rule 16 – Utilization Standards
    • Updates to standard terminology; revision of administrative procedures and requirements.  This rule is to be used in conjunction with, and to implement, the Medical Treatment Guidelines and Medical Fee Schedule.
  • Rule 18 – Medical Fee Schedule
    • Required by statute, this rule sets out maximum allowable fees for health care and related services falling within the purview of the Workers’ Compensation Act. Amendments revise, clarify and update language, terminology, procedures, requirements, billing codes, fees, payments, and relative values associated with the fee schedule.
  • The rules revise and correct numbering, citations, and minor grammatical and clerical errors.

A hearing on the proposed amendments will be held on Wednesday, August 17, 2011 at 633 17th Street, 2nd Floor Conference Room, Denver, Colorado 80202, beginning at 9:00 am.

Full text of the proposed revisions to the rules including red line edits can be found here. Further information about the rules and hearing can be found here.

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Colorado Supreme Court: Week of July 17, 2011 (No Opinions)

July 18, 2011 by Leave a Comment

The Colorado Supreme Court issued no opinions for the week of July 17, 2011.

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Douglas Griess: New Legislation Passed into Law Regarding Mechanic’s Liens

July 18, 2011 by Leave a Comment

In Weize Co., LLC v. Colorado Regional Construction, Inc., No. 09CA1369, the Colorado Court of Appeals held that a plumber’s claim to foreclose on a mechanic’s lien had to be dismissed because of the plumber’s failure to file a lis pendens or notice of commencement of action on the title of the property.  The defendant did provide a lien release bond, and the liens were released.  However, while the supplier to the vendor was apparently successful in establishing violation of the Trust Fund Statute, C.R.S. 38-22-127, it appears that the dismissal of the foreclosure action prevented the plaintiffs from being successful in their claims for damages against the bond because of the lack of filing a lis pendens.

In the 2011 session of the Colorado Legislature, SB 11-264 was introduced to clarify the requirement of a lis pendens.  Specifically, the bill modified the statutes to clarify that when a release bond is approved by the court, the lis pendens is to be released along with the mechanic’s lien, and a claim on the bond is to be substituted for the foreclosure action.

The bill was passed by the Legislature in June of 2011.  Accordingly, going forward, if a release bond is approved by the court, its effect is that no lis pendens is required, and if already recorded, must be released, along with the mechanic’s lien on the property.

Douglas Griess opened The Griess Law Firm, LLC in 2010.  He represents various individuals and businesses in business matters, non-profit matters, transactions, civil and commercial disputes, lease negotiations, contracts, and intellectual property issues. He blogs on his law firm’s site, where this post originally appeared on July 13, 2011.
Filed Under: Legislation Tagged With: , , , , , ,

Elder Law Basics: Grow Your Practice with this Expanding Area of Law

July 18, 2011 by Leave a Comment

On January 1, 2011, the first member of the largest generation in America, the baby boomers, turned 65, marking a significant shift in the country’s demographics. In other words, if you’re an elder law lawyer, you’ll have the opportunity to help more clients than ever before.

If you’ve just embarked on an elder law practice, or if you’re thinking about expanding your expertise to include this growing practice area, there is no better place to start than with this program, Elder Law Basics, which taps Colorado’s top elder law practitioners to help you lay the foundation for a successful practice.

The agenda for the program includes such topics as:

  • Elder Law Overview
  • Powers of Attorney
  • Guardianships/Conservatorships
  • Launching Your Elder Law Practice
  • Ethical Issues
  • Medicare and Medicaid
  • Estate Planning and Administration

Don’t miss this opportunity to learn the fundamentals of Elder Law and gain valuable insight into the practice area from leading Elder Law attorneys!

CLE Program: Elder Law Basics

This CLE presentation will take place on Thursday, July 21, at 8:30 am. Participants may attend live in our classroom or watch the live webcast.

If you can’t make the live program or webcast, the program will also be available as a homestudy in three formats: video on-demand, mp3 download, and audio CD recordings. The course materials will also be available.
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Governor Hickenlooper Announces Several Board and Commission Appointments

July 18, 2011 by Leave a Comment

On Friday, July 15, 2011, Governor John Hickenlooper announced his appointments to several Boards and Commissions. The appointments were made to the State Board of the Great Outdoors Colorado Trust Fund, the Board of Real Estate Appraisers, and the State Capitol Building Advisory Committee.

The State Board of the Great Outdoors Colorado Trust Fund uses state lottery and lotto proceeds to purchase and enhance Colorado’s recreation areas, parks, wildlife, wildlife habitat, and open space. The members appointed, with terms to expire April 15, 2015, are:

  • James A. Smith, of Denver, to serve as an Unaffiliated member from the First Congressional District.
  • Matt J. Sugar, of Winter Park, to serve as a Democrat from the Second Congressional District west of the Continental Divide.
  • Thomas Burke, of Grand Junction, to serve as a Republican from the Third Congressional District.
  • Chana Gail Reed, of Lamar, to serve as a Republican from the Fourth Congressional District.
  • David Joseph Palanchar, of Colorado Springs, to serve as a Republican from the Fifth Congressional District.
  • Thomas W. Swanson, of Evergreen, to serve as a Republican from the Sixth Congressional District.
  • Jacy Tyler Jasmer Rock, of Golden, to serve as an Unaffiliated member from the Seventh Congressional District.

The Board of Real Estate Appraisers sets fees for those seeking a real estate appraisers license, administers tests, and disciplines licensees for misconduct. The members appointed, with terms to expire July 1, 2014, are:

  • Bruce Warren Willard, of Greeley, to serve as a licensed or certified appraiser.
  • Robin B. Anderson, of Denver, to serve as a licensed or certified appraiser.
  • Frank R. Beltran, of Pueblo, to serve as a county assessor in office.
  • Deborah K. Delaney, of Fort Collins, to serve as an officer or employee of a commercial bank experienced in real estate lending.

The State Capitol Building Advisory Committee reviews, advises, and makes recommendations to the Capitol Development Committee with respect to plans to restore, redecorate, and reconstruct space within the public and ceremonial areas of the state Capitol. The members appointed, with terms to expire July 1, 2013, are:

  • Kevin N. Patterson of Denver.
  • Diann L. Sill of Central.
  • Georgianna J. Contigugulia of Denver.

The full press release from the Governor’s Office concerning these board and commission appointments can be found here.

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Memorial for David Getches to Be Held August 11 in Boulder

July 18, 2011 by Leave a Comment

According to Law Week Colorado, a memorial for former University of Colorado Law School Dean David Getches is set for August 11, 2011 in Boulder, Colorado.

The service will begin at 5:00 pm in the courtyard of the Wolf Law Building. Getches oversaw the financing and construction of the building during his tenure as dean.

Getches passed away on July 5 of pancreatic cancer, less than a week after stepping down as dean of the law school.

[On July 20, 2011, Colorado Public Radio sat down with two of Getches' colleagues to discuss his enduring legacy and contributions to Indian and water law. Click here to listen to the broadcast.]

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Blogs and Beers: SOLO in COLO Meet Up, July 28

July 18, 2011 by Leave a Comment

Join SOLO in COLO, the CBA blog for solo and small firm attorneys, for a blogger meet up on Thursday, July 28, at Jonesy’s EatBar. It will be the first of what may become a monthly chance to eat, drink, and interact in-person with contributors and readers alike. And, hopefully we’ll find out what you think about SOLO in COLO and all those other blogs on the wide and wonderful web.

We’ll meet up at 5:30 pm for the happy hour. Please RSVP to Sara Crocker.

Also, if you’re interested in contributing to the blog, this is a great opportunity for you to meet with the people who write for the blog now. Some basic criteria can be found here.

Hope to see you there!

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Tenth Circuit: Unpublished Opinions, 7/15/11

July 18, 2011 by Leave a Comment

On Friday, July 15, 2011, the Tenth Circuit Court of Appeals issued no published opinions and two unpublished opinions.

Unpublished

Christian v. AHS Tulsa Regional Medical Center, LLC

Brown v. McDonalds USA, LLC

No case summaries are available for unpublished opinions. However, published opinions are summarized and provided by Legal Connection.

Filed Under: Case Law Tagged With:
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2013-05-23 11:44:37